Baer v. Kistler
Supreme Court of Pennsylvania
It appeared from the record of this case, returned on a writ of error to the Court of Common Pleas of Lehigh county, that C. L. Hutton was, on the 23d of December, 1826, commissioned prothonotary of Lehigh county, and on the 26th of the same month entered into a bond to the commonwealth, with security, in the sum of $4500, conditioned that he should “in all things well and faithfully execute the duties of his office, and pay over moneys to the state treasurer,” &c.
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It appeared from the record of this case, returned on a writ of error to the Court of Common Pleas of Lehigh county, that C. L. Hutton was, on the 23d of December, 1826, commissioned prothonotary of Lehigh county, and on the 26th of the same month entered into a bond to the commonwealth, with security, in the sum of $4500, conditioned that he should “in all things well and faithfully execute the duties of his office, and pay over moneys to the state treasurer,” &c. On the 2nd of February, 1830, judgment was entered by him on a bond given by the defendant below, the plaintiff in error, to the…
1Per curiam
This is one of those cases about which nothing is to be said, but to pronounce the law. Without then determining what may be the liability of the prothonotary’s sureties — a point not before us — it is sufficient for the occasion to say, that the officer was not the agent either of the party or the law, and that the receipt by him involved the debtor in a mispayment, which consequently cannot be set up as a discharge of the debt.
Judgment affirmed.
2Cited by4 opinions
- Rudd v. GatesCourt of Appeals of Kentucky · 1921
- Taylor v. Fox's ExecutorsCourt of Appeals of Kentucky · 1915
- Holtzclaw v. WellsCourt of Appeals of Kentucky · 1915
- Brown v. PeopleSupreme Court of Colorado · 1876